I need help regarding some immigration law related questions. My wife was in H4 and she applied for H1 visa through some consultant this April. The consultant applied H1 visa and Change of Status from H4 to H1. But my wife had to go back to India due to some personal emergency. She will be coming back this August in H4 visa. Her H1 is still not approved.So, now I am not sure what will happen,
1. If her H1 gets approved then will Change of status be approved as well? If change of status is also approved then will She moved to H1 status as of 1st Oct?
2. How would she know that her Change of Status application (from H4 to H1B) is approved by USCIS?
3. What will happen if She don’t get any project through her consultant? Will she be out of status?
4. Does it mean that on 1st Oct, 2009 if she is not in a project then her H1B will be deactivated?
5. What will happen after that? Does she need to apply for a Change Of Status from H1B to H4 on 1st Oct, 2009?
6. What other option do I have in that case?
7. If she is not in project then she won’t have any payslip for her H1 status. In that should she apply for change of status on 1st Oct itself?
Please advice me about this situation. I don’t want her to be out of status and run into problems.
1. If her H1 gets approved then will Change of status be approved as well? If change of status is also approved then will She moved to H1 status as of 1st Oct?
2. How would she know that her Change of Status application (from H4 to H1B) is approved by USCIS?
3. What will happen if She don’t get any project through her consultant? Will she be out of status?
4. Does it mean that on 1st Oct, 2009 if she is not in a project then her H1B will be deactivated?
5. What will happen after that? Does she need to apply for a Change Of Status from H1B to H4 on 1st Oct, 2009?
6. What other option do I have in that case?
7. If she is not in project then she won’t have any payslip for her H1 status. In that should she apply for change of status on 1st Oct itself?
Please advice me about this situation. I don’t want her to be out of status and run into problems.